1. Applicant qualifications: Applicants must have certain subject qualifications. Applicants should have a real and effective industrial and commercial business place in my country; or have a residence in my country; or have Chinese nationality. In addition, legal persons or natural persons in Taiwan Province can apply for international registration through the Trademark Office. However, legal persons or natural persons in the Hong Kong and Macao Special Administrative Regions cannot currently apply for international registration through the Trademark Office.
2. Application conditions: Trademarks applying for international registration must have started certain trademark registration application procedures in my country. The country designated by the applicant for protection is a pure party to the "Madrid Agreement", and the trademark applying for international registration must be a trademark that has been registered in my country; the country designated by the applicant for protection is a pure party to the "Madrid Protocol", or it belongs to the same "Madrid Agreement" Agreement" and the "Madrid Protocol" contracting parties, the trademark applying for international registration can be a trademark that has already filed a registration application and been accepted in my country, or it can be a registered trademark.
3. Processing methods: There are two ways to apply for Madrid trademark international registration through the Trademark Office:
(1) Entrust a nationally recognized trademark agency to handle the application.
(2) The applicant shall submit the application to the Trademark Office on his own.
4. Processing steps
Prepare the application documents → Submit the application documents to the International Registration Office of the Trademark Office → Pay the registration fee according to the provisions of the "Charge Notice" → Receive the international registration certificate
5. Acceptance agency
International Registration Office of the Trademark Office of the State Administration for Industry and Commerce
Address: No. 1, Chama South Street, Xicheng District, Beijing
Postcode: 100055
6. Application materials
List of required materials:
(1) Madrid trademark international registration application form;
(2) Foreign language application form (MM form);
(3) One proof of applicant’s qualifications, such as a copy of business license, ID card, etc.;
( 4) A copy of the domestic "Trademark Registration Certificate" or a copy of the "Notice of Acceptance";
(5) If the basic registered or applied trademark has been changed, transferred or renewed in China, etc. , and submit a copy of the approval certificate together;
(6) If the applicant uses an English name, he must provide documentation proving the use of the English name;
(7) Entrust a trademark agency If applying, a trademark agency power of attorney should also be submitted;
(8) If the United States is designated, the MM18 form must also be submitted.
Selection of foreign language applications:
(1) If only pure contracting parties are designated, use the MM1 form;
(2) If the designated contracting parties are not If the designated party includes pure parties to the Agreement, use the MM2 form;
(3) If the designated party includes pure parties to the Agreement, use the MM3 form.
7. Fill in the application form
Requirements for filling in the Chinese application form:
(1) Applicant information
(1) Applicant name: It must be consistent with the name of the registrant/applicant of the basic trademark. If the applicant is a legal person, the full name should be filled in; if the applicant is a natural person, the full name should be filled in. In addition, if the legal person has an official English or French name, it should be filled in together with the Chinese name.
(2) Applicant address: The address must be consistent with the registrant/applicant address of the basic trademark. You can fill in the order of province, city, street, house number, and postal code: No. 2, Jintai Road, Beijing, China, postal code: 100260.
(3) Applicant’s mailing address: If the applicant’s actual mailing address is different from the applicant’s address, you can add this item.
(4) Selection of language for receiving the article: Here, put an “×” mark in the box to the left of the selected language.
(2) Applicant qualifications
If the country designated by the applicant for protection is a member state of the "Madrid Agreement", the three situations available to the applicant in this item should be selected in order Choice means that the applicant first weighs whether he or she meets the first situation. If so, the first choice should be preferred. If not, then the second choice. If the second choice does not meet the second choice, then the third choice. If all three are consistent or two are consistent, the first one should be chosen. If the country designated by the applicant for protection is a member state of the “Madrid Protocol”, the applicant only needs to choose one of the three situations.
(3) Agent information
If the applicant applies directly, this column does not need to be filled in.
(4) Basic application or basic registration
This refers to the application and registration of a trademark in my country, not the application and registration of an internationally registered trademark. If the applicant files an international registration application for multiple basic applications or basic registrations for the same trademark, he should fill in each basic application number, application date and/or basic registration number and registration date one by one.
(5) Right of priority
If the applicant requests priority, the date and application number of the first application should be indicated.
(6) Trademark
The applicant is required to affix the trademark pattern, and the size of the trademark should be in accordance with the requirements of the application.
(7) Other matters
(1) Request for color protection: If the applicant requires color protection, a specific explanation can be given;
(2) Three-dimensional trademark : If the basic trademark is a three-dimensional trademark, this item must be selected;
(3) Sound trademark: If the basic trademark is a sound trademark, this item must be selected;
(4) Collective or Certification trademark: If the basic trademark is a collective or certification trademark, this item is required;
(5) Trademark transliteration: Just fill in the standard Chinese pinyin of the trademark here.
(8) Goods and/or services and their categories
(1) Goods and/or services and their categories
This refers to filling in the goods and services , should be filled in in the order of the goods and service categories listed in the "International Classification of Goods and Services for Trademark Registration". For example: Category 1, ethanol, industrial alcohol; Category 5, aspirin, baby food; Category 9, audio, picture tubes; when filling in, the ninth category should not be ranked before the fifth category, or the fifth category should be ranked Before the first category. Note that the goods or services filled in must not exceed the scope of the basic application or registered goods/services.
(2) If there are restrictions on goods/services and categories in specific countries, please indicate the specific designated contracting party and all categories and goods/services applied for protection in the designated contracting party. The limited goods/services shall not exceed the scope of goods/services specified in item (1).
(9) Contracting parties designated for protection
The applicant should put an “×” mark in the box to the left of the contracting party that the applicant wants to obtain protection. If the applicant designates the contracting party for protection, The countries are Germany, France, and Italy. Applicants only need to put an “×” in the boxes to the left of these three countries. If the applicant has obtained a domestic notification of acceptance, it can designate parties that are both parties to the agreement or protocol, as well as pure parties to the protocol; if it has obtained a domestic registration certificate, it can designate all contracting parties.
(10) Payment method for this application
Put an “×” mark in the box to the left of the selected payment method.
8. Pay the fees
After the Trademark Office receives the completed application documents, it will register the date of receipt, assign the application number, calculate the fees required by the applicant, and submit it to The applicant or agent issues a "Charge Notice".
The applicant or agent shall pay the relevant fees to the Trademark Office within 15 days from the date of receipt of the "Charge Notice". The Trademark Office will submit the application to the International Bureau only after receiving the full amount. If the applicant or agent fails to pay the fees within the due date, the Trademark Office will not accept the application and will notify the applicant in writing.
9. Receipt of the "International Registration Certificate"
The International Bureau of the World Intellectual Property Organization (WIPO) received the Implementing Rules for the Madrid Agreement on the International Registration of Trademarks and its Protocol After applying for an international registration, it will be registered in the International Register, and an "International Registration Certificate" will be issued to the trademark registration applicant and the trademark competent authority of each designated contracting party will be notified.
The "International Registration Certificate" is sent directly by the International Bureau to the International Registration Office of the Trademark Office, and then forwarded to the applicant or trademark agency by the International Office of the Trademark Office. It should be noted that the applicant must fill in the address clearly (the mailing address can be added). If the applicant's address changes, the change should be made in time.
10. Notes
(1) For international registration applications that specify the United States, Japan, South Korea, Singapore and other countries, we often receive examination opinions or provisional rejection notices from these countries. , causing certain losses in time and cost to Chinese applicants for international registration. The reason for the above problems is that when these countries joined the Madrid Union, they made reservations or declarations on certain provisions of the Madrid Agreement or the Protocol. When reviewing certain requirements for Madrid international registration applications, they mainly based on their own national regulations. Laws and Regulations.
Therefore, we specifically remind applicants to pay attention to the following when filling out the foreign language application form:
(1) Enterprise nature column: U.S. requirements must be filled in, CORPORATION, UNINCORPORATED ASSOCIATION are acceptable. , JOINT VENTURE or PATERNERSHIP, etc.
(2) Trademark translation column: Singapore requires that Chinese trademarks must translate Chinese characters one by one, and the entire trademark must also indicate whether it has meaning; the United States requires that the trademark have meaning and whether it represents a geographical name. Does it have special meaning in the product or service industry?
(3) Product column: The United States requires that the declaration of goods must comply with the requirements of its domestic Acceptable Identification of Goods and Services Manual (ahtml/tidm.html) , the "Nice International Classification" commonly used for Madrid international registration is only used as a reference. Japan and South Korea also have similar requirements. We recommend that applicants from countries that specify the United States, Japan, and South Korea fill out 10 (a) and 10 (b) together when filling out the foreign language form (MM2 or MM3). Column 10 (b) is for product restrictions in designated countries, that is, the product can be deleted or refined without exceeding the scope of the product. For example: The United States does not accept "clothing", but does accept "clothing, namely shirts, sweaters, windbreakers, pants and sports coats".
(4) When specifying the United States, the MM18 form must be completed. In the MM18 form, the Signature column must be a personal signature, the Signatory's Name (Printed) column must print the pinyin of the signatory's name, and the Signatory's Title column must print the signatory's position. The date in the Date of execution (dd/mm/yyyy) column is filled in day/month/year. For example, April 18, 2012 should be filled in as 18/04/2012. INFORMATION REQUIRED BY THE INTERNATIONAL BUREAU must also be filled in.
(2) The validity period of international registration is ten years, calculated from the date of international registration. After the validity period expires, if you want to continue to use it, you should renew the registration.